“I’ve been accused of violating the Title IX Policy…Now what?”

The following is a list of frequently asked questions that may be helpful for a student, staff, or faculty member who is, or may be, a Respondent in a Title IX investigation.

What is considered Sexual Harassment at UNCG?

As defined in the Title IX Policy, the following behaviors are prohibited: sexual assault, domestic violence, dating violence, stalking, and sexual- and gender- based harassment. Please see the full Title IX Policy for full definitions of prohibited behaviors. Sexual Harassment that exceeds the scope of the Title IX Policy may be found in the Student Code of Conduct, Staff Policy, and Faculty Policy.

What happens after a Complainant makes a report to the University and names me as the Respondent?

Most importantly, you, as the Respondent will be treated with respect before, during, and after the disciplinary process. Respondents are entitled to the presumption of non-responsibility throughout this process, unless and until, they are found responsible for a violation of The Policy.

Once a complaint is filed with the University, you will receive a reach out, in writing, notifying you of the allegation(s). Then, you have several options you will want to consider:

Contact the Title IX Office

    • The Title IX Coordinator or Title IX investigator will meet with you and explain the grievance and investigative process, as well as, your rights within the process. The investigatory process is a neutral fact gathering of all available evidence. The Title IX Coordinator or Title IX investigator share information with you about the nature of the allegation(s) so that you have enough information to respond to the allegations – if you choose to do so. Additionally, they will talk with you about any accommodations or supportive measures that need to be implemented, like a University No Contact Order or changes to classes or housing accommodations. 
    • Most importantly, you have the right to have an attorney, non-attorney advocate, or advisor of your choice present with you during this meeting and any meeting after – from investigation through the appeal process. You will have the opportunity to discuss your perspective of the incident(s) in the first meeting and set up an additional meeting to discuss next steps.

For Students: Contact the Dean of Students Office.

    • The Dean of Students Office can also meet with you to provide you with your rights within the process, as well as, assist you in making any adjustments to your class schedule, housing accommodations, or connecting you with completely confidential resources on or off-campus, such as the Counseling Center. You will also have the opportunity to combine meetings by meeting with the Title IX Coordinator or Title IX Investigator to discuss your perspective of the incident(s) and set up an additional meeting to discuss next steps.

For Faculty: Contact the Provost’s Office.

    • The Provost’s Office houses a co-investigator to the Title IX Office. The Provost’s Office can also meet with you to provide you with your rights within the process, as well as, assist you in making any accommodations necessary to preserve a safe, healthy, working environment. You will also have the opportunity to combine meetings by meeting with the Title IX Coordinator or Title IX Investigator to discuss your perspective of the incident(s) and set up an additional meeting to discuss next steps.

For Staff: Contact Human Resources.

    • The Human Resources Office houses a co-investigator to the Title IX Office. The Human Resources Office can also meet with you to provide you with your rights within the process, as well as, assist you in making any accommodations necessary to preserve a safe, healthy, working environment. You will also have the opportunity to combine meetings by meeting with the Title IX Coordinator or Title IX Investigator to discuss your perspective of the incident(s) and set up an additional meeting to discuss next steps.
What about legal advice? Do I need a lawyer?

You may want to speak with an attorney, non-attorney advocate, or advisor about what’s going on. Should you choose to retain legal counsel or have accompaniment by a non-attorney advocate or advisor, they are welcome to join you during all stages of the process.

Ok, I’ve been notified that I’m a Respondent in a Title IX investigation, what resources are available to me?

The Dean of Students Office

The Dean of Students Office is a semi-confidential office. This means that if they receive information relating to a possible violation of the Title IX Policy, they must share that information with the Title IX Office to ensure that you are receiving all the resources and process information to assist you in navigating your options and the process itself. The Dean of Students Office can assist with, including but not limited to:

  • Connect you with an Assistant Dean of Students whose role is specifically dedicated to supporting respondents throughout Title IX processes
  • SMART planning
  • On-going advising and support with class, work, and/or housing accommodations
  • University No Contact Orders
  • Faculty outreach letters (A faculty outreach letter can be performed at your request if you find that this process/experience is impacting you academically.)
  • Accompaniment to Title IX meetings or meetings with other offices in which you may need additional support, such as, meetings with faculty after a faculty outreach letter has been issued
  • Referral to the Counseling Center or Student Health Center

The Counseling Center

The Counseling Center is a completely confidential resource which provides individual counseling, group therapy, support groups, and workshops which can help you to develop coping strategies and support systems to process any impact this experience may have on you.

EAP

The Employee Assistance Program is partnered with ComPsych to provide employee assistance benefits to employees in the University system. CompPsych, through their partnership with the University, provides:

  • Confidential counseling
  • Financial information and resources
  • Legal support and resources
  • Work-life solutions

Provost’s Office

The Provost’s Office is a semi-confidential office. This means that if they receive information relating to a possible violation of the Title IX Policy, they must share that information with the Title IX Office to ensure that you are receiving all the resources and process information to assist you in navigating your options and the process itself. They can also meet with you to assist you in making any accommodations necessary to preserve a safe, healthy, working environment. The Provost’s Office can provide:

  • Connection to confidential resources on and off-campus
  • On-going connections to advising and support during, and after, the Title IX process
  • University No Contact Orders

Human Resources

The Human Resources Office is a semi-confidential office. This means that if they receive information relating to a possible violation of the Title IX Policy, they must share that information with the Title IX Office to ensure that you are receiving all the resources and process information to assist you in navigating your options and the process itself. They can also meet with you to assist you in making any accommodations necessary to preserve a safe, healthy, working environment.

  • Connection to confidential resources on and off-campus
  • On-going advising and support during, and after, the Title IX process
  • EAP
  • University No Contact Orders
If I choose to participate in the Title IX investigation, who is involved in the investigation?

First and foremost, you, as the Respondent, are presumed not responsible. The investigatory process is neutral, fact gathering of all available evidence. The Title IX Coordinator and Title IX Investigator are involved in the initial assessment, formal investigation, and compilation of the investigation report. Other University administrators may be involved, such as, the Office of Student Rights and Responsibilities, Provost’s Office, Human Resources who are experienced in hearing Title IX cases and will be involved if the case goes to a hearing or appeal. All administrators involved in the Title IX process participate in annual, specialized training specific to their roles in order to be involved in this process.

Do I need to bring anything to my meeting with the Title IX Coordinator or Title IX Investigator?

You may bring anything you feel is helpful information to share. For example, you may wish to bring a written account or timeline about what happened, a witness list, photos, text messages, or other digital or physical documentation. You are also welcome to bring your attorney, non-attorney advocate, or advisor.

What will the meeting with the Title IX Coordinator or Title IX Investigator be like?

You will likely meet with one investigator – unless there is an on-going criminal investigation and/or/in addition to a co-investigator from the Provost’s or Human Resources Office as explained below. If there is an on-going criminal investigation, you may meet with both the Title IX Investigator and a Detective from the police department. The investigator will ask you about what happened and allow you the opportunity to share however much or as little as you like. The investigator will ask follow-up questions to better understand your account, and they will ask you if there are any potential witnesses with whom you would like the investigator to meet as part of their investigation. The investigator will also ask for any potential information or documentation that you might have (texts, screenshots, emails, photos, or other documentation) that could help them better understand the incident(s) in question. The investigator will end the meeting with you by asking you if there is anything you would like to share. For example, if there is information you want the investigator to have that they did not ask about specifically, you are encouraged to share that information.

You are welcome to bring your attorney, non-attorney advocate, or advisor to any and all meetings with the Title IX Investigator, Title IX Coordinator, or Detective.

For faculty and staff respondents, the Title IX Office partners with the Provost’s Office or Human Resources depending on the relationship of the respondent to the University. This dual investigator model ensures faculty and staff rights and responsibilities are taken into account when responding to alleged incidents of harassment.

Can I be charged with something through the University and through the Police Department?

Yes – A complainant may report to the University and/or to law enforcement. These processes may operate simultaneously and independently of each other. If that occurs, you may meet with both a Title IX Investigator and a Police Detective to ensure efficiency of your time and how many times you have to share details of the incident. As always, you may be accompanied to all meetings with an attorney, non-attorney advocate, or advisor of your choosing.

What happens after I meet with the Title IX Investigator or Title IX Coordinator?

After you finish meeting with the investigator or Title IX Coordinator, they will reach out to and speak with any witnesses that you or the complainant provided. Then, once they have finished meeting with you, the complainant, any witnesses, and collected all available evidence – they will compile all of this information into a draft investigation report. You and the complainant will have the opportunity to view the draft investigation report, see all the information gathered, and submit any additional evidence to the Title IX investigator or Title IX Coordinator. Once this review and comment period is over, then, you will have the opportunity to review the final investigation report before it is forwarded to the Office of Student Rights and Responsibilities, Human Resources, and Provost’s Office for their final review and determination of any applicable charges.

What, if anything, will my parents or guardians be told?

The University’s primary relationship is to you, the student, and not to your parent or guardian. Additionally, FERPA is the Family Educational Rights and Privacy Act. FERPA protects your educational record(s) from disclosure. The University does not contact students’ parents or guardians regarding the details of a Title IX report. If you want to include your parents, guardians, or other support people in what is going on, you might want to tell them directly. If you do want your support people to be involved, we’re happy to provide you with a FERPA waiver to complete. The waiver will allow us to share the information you would like shared with your parents or other support person.

I’m worried that other students will threaten me or treat me differently because I am the Respondent in a Title IX investigation. What can I do?

The University prohibits retaliation of any kind. No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured under this Policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or the Title IX Policy, constitutes retaliation.

I received a University No Contact Order, what does that mean? Am I in trouble?

A University No Contact Order does not mean that a Title IX investigation has commenced, but in some cases, it may be issued in conjunction with a Title IX investigation. A University No Contact order gives specific instructions about who a student, faculty, or staff member should not contact and the parameters of what “no contact” means. For example, there can be no direct or indirect contact between the parties. Prohibited contact includes but is not limited to phone, email, text messages, letters, instant messages, social media (including but not limited to Facebook, Twitter, Instagram, Snapchat) and messages transmitted via other individuals. The expectations and instructions in a University No Contact Order apply equally to both parties. Should there be a violation of the University No Contact Order by either party, the violation is processed through the Office of Student Rights and Responsibilities, Human Resources, or the Provost’s Office.

How long will this process take?

The University will complete investigations in a prompt, fair, and impartial manner, within a reasonable amount of time. University holidays and breaks will likely impact the time that it may take to conclude an investigation. During the course of the investigation, the investigator will provide updates to both the complainant and respondent. Cases that are particularly complex or involve unusual circumstances may require more time for the investigation process. If the Title IX Coordinator or Title IX Investigator determines that an extension of the timeline is warranted or necessary, they will notify the parties of the delay and the anticipated date of completion.